In Detroit Lakes, Minnesota, probate is the process in which a court validates or voids a will.

As part of this procedure, the court in Detroit Lakes, Minnesota has various important responsibilities. Most importantly, it has to decide if the will is valid, and consider evidence that it is not (if any such evidence exists). The probate court then has to ensure that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.

The executor of the estate is frequently named in the will. If not, the probate court in Detroit Lakes, Minnesota will name will appoint a person to serve as executor. This is typically the person who stands to inherit the most under the will.

The executor is the person responsible for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest inducement to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Detroit Lakes, Minnesota

The executor has various duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be completed before the will is given effect.

They additionally are required to provide notice to the people with a direct interest in the estate that the decedent has died, typically by filing a death certificate.

There may be many people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them challenging to find, but they need to be found, nonetheless. To that end, the executor is obliged to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Additionally, they have to make known all of the decedent's major assets and debts.

Moreover, the executor is obliged to take a leading role in establishing the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.

How Can A Detroit Lakes, Minnesota Lawyer Help?

Because of the difficulties involved in probate, it would be smart to hire a knowledgeable Detroit Lakes, Minnesota probate lawyer, especially if you are the executor of an estate and unsure how to proceed.